BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - CHAPTER 432E BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - LONG TITLE Empowering section (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 (Not adopted as the Laws of the HKSAR. See Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the HKSAR of the People's Republic of China (Cap 2206 in this database)) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 432 section 7) (6 July 1995) (L.N. 220 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 1 (Omitted as spent) VerDate:30/06/1997 PART I PRELIMINARY (Omitted as spent) (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Regulation, unless the context otherwise requires- "Assistant Returning Officer (Functional Constituencies)(General)" (助理選舉主任 (功能組別)(一般事務)) means an assistant returning officer designated as such under section 77(1)(b); "by-election" (補選) means an election held for the purposes of section 11 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "Chief Returning Officer" (總選舉主任) means the returning officer designated as such under section 77(1)(a); "constituency" (選舉組別), except in the expression "geographical constituency" and the definition of it, has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "counting agent" (監察點票代理人) means a person appointed under section 45; "counting station" (點票站) means a place designated under section 20 for one or more of the purposes specified in subsection (1)(b), (c), (d) and (e) of that section; "election" (選舉) means an election held under the Legislative Council (Electoral Provisions) Ordinance (Cap 381) to elect all the elected Members of the Legislative Council in respect of functional constituencies or to elect all the elected Members of the Legislative Council in respect of the election committee constituency; "election advertisement" (競選廣告) means any publicity material used or intended to be used by or on behalf of a candidate for the purpose of promoting or advertising that candidate in connection with an election or by-election; "election agent" (選舉代理人) means a person appointed as an election agent under section 15; "election committee constituency" (選舉委員會組別) has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "election expense agent" (選舉開支代理人) means a person authorized under section 17 for the purpose of incurring election expenses; "election expenses" (選舉開支) has the meaning assigned to it by section 2 of the Corrupt and Illegal Practices Ordinance (Cap 288); "election petition" (選舉呈請、選舉呈請書) has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "functional constituency" (功能組別) has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "geographical constituency" (地方選區) means an area declared under section 3(1)(aa) of the Electoral Provisions Ordinance (Cap 367) to be a constituency for the purposes of an election held under that Ordinance; "no canvassing area" (禁止拉票區) means, i n relation to a polling station, the area declared under section 25 to be such an area in respect of that polling station; "no staying area" (禁止逗留區) means, in relation to a polling station, the area declared under section 25 to be such an area in respect of that polling station; "nomination paper" (提名書) means a document in the specified form submitted under Part II for the purpose of nominating a person as a candidate; "nomination period" (提名期), in relation to an election or a by-election relating to- (a) the election committee constituency; or (b) a functional constituency, means the period specified in the relevant notice of election or notice of by-election as the period for receipt by the returning officer of nominations in respect of the constituency concerned; "notice of by-election" (補選公告) means a notice published under section 4, 5 or 14; "notice of election" (選舉公告) means, in relation to- (a) the election committee constituency, a notice published under section 3(1)(a); and (b) the functional constituencies, a notice published under section 3(1)(b); "polling agent" (監察投票代理人) means a person appointed under section 27; "polling station" (投票站) means a place designated- (a) under section 20 for the purpose of conducting a poll in respect of an election or a by-election under this Regulation; or (b) under section 20 and section 19 of the Boundary and Election Commission (Electoral Procedure) (Geographical Constituencies) Regulation (Cap 432 sub. leg.) for the purpose of conducting a poll referred to in paragraph (a) and a poll in respect of an election or a by-election held under the Electoral Provisions Ordinance (Cap 367); "presiding officer" (投票站主任) means a person appointed under section 21(1)(a) to preside at a polling station; "specified address" (指明地址), in relation to a constituency, means the address specified in a notice of election or notice of by-election in respect of that constituency as the address at which nominations in relation to that constituency for the purposes of that election or by-election must be submitted; "specified form" (指明格式), in relation to any purpose under this Regulation, means the form specified under section 77(2) by the Commission for such purpose; "specified polling station" (指明投票站) means a polling station designated under section 20(7)(a); "working day" (工作日) means any day other than a general holiday or Saturday. (2) In this Regulation any reference to- (a) a "Form" followed by a number means the form bearing that number prescribed in Schedule 1; and (b) a presiding officer or counting officer in relation to a polling station or counting station, as may be appropriate, shall be construed as a reference to the presiding officer or a counting officer respectively appointed in respect of that polling station or counting station. (3) In this Regulation- (a) "candidate" (候選人) means- (i) in section 79 and the definition of "election advertisement"- (A) a person, who intends to stand for election in respect of a functional constituency or the election committee constituency, (whether or not he has submitted a nomination paper in respect thereof under Part II) in an election or a by-election; or (B) a validly nominated candidate in respect of a functional constituency or the election committee constituency as regards which a poll is being or has been held in the relevant election or by-election; (ii) in Part II, a person referred to in subparagraph (i)(A); and (iii) in Parts III, IV, V, VI and VII (except in section 79), a person referred to in subparagraph (i)(B); (b) any reference to nominating a person as a candidate or being nominated as a candidate shall be construed as a reference to nominating or being nominated under Part II to stand for election as an elected Member of the Legislative Council in respect of a functional constituency or the election committee constituency; (c) any reference to a "validly nominated candidate" shall be construed as a reference to a person whom the returning officer has determined under section 9 to be a validly nominated candidate in respect of the constituency for which he has submitted a nomination paper or a candidate who, under section 9(2), is deemed to stand nominated; (d) any reference to a candidate in relation to a constituency shall be construed as a reference to a candidate standing for election for that constituency; and (e) any reference to a count shall be construed- (i) in the case of a functional constituency the poll in respect of which was held in a polling station designated also in respect of- (A) a geographical constituency, as including the separation of ballot papers relating to that functional constituency from those relating to the geographical constituency; (B) one or more other functional constituencies, as including the separation of the ballot papers relating to that functional constituency from those relating to the other functional constituency or constituencies; or (C) a geographical constituency and one or more other functional constituencies, as including the separation of ballot papers relating to that functional constituency from those relating to the geographical constituency and those relating to the other functional constituency or constituencies; and (ii) in every case, as including the counting of ballot papers and counting of the votes. (4) Subject to subsection (5) and section 64(3), any reference to the returning officer in this Regulation shall be construed in relation to- (a) the election committee constituency, as a reference to the returning officer (within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap 381)) appointed for that constituency; and (b) a functional constituency, as a reference to the returning officer (within the meaning of that Ordinance) appointed for that functional constituency. (5) Each of the references to the returning officer in sections 21(3)(a), 25(1), 26(2), 30(4), 41(2), 42(1), 46(1)(b), 47(1), (2) and (3), 48(1), (2) and (3) and 63(1)(a) and (c) shall be construed in relation to- (a) a polling station or counting station designated for a geographical constituency and one or more functional constituencies, as a reference to the returning officer for the geographical constituency; (b) a polling station or counting station designated for 2 or more functional constituencies, but not a geographical constituency, as a reference to the Chief Returning Officer; (c) a polling station or counting station designated for one functional constituency only, as a reference to the returning officer for that constituency; (d) the polling station or counting station designated for the election committee constituency, as a reference to the returning officer for that constituency; and (e) a counting station designated for 2 or more geographical constituencies and 2 or more functional constituencies, as a reference to the Chief Returning Officer. (6) In this Regulation any reference to a final register, in relation to a polling station- (a) designated for a geographical constituency and one or more functional constituencies, shall be construed as a reference to the final register compiled under the Electoral Provisions Ordinance (Cap 367); and (b) designated for- (i) 2 or more functional constituencies but not a geographical constituency; (ii) the election committee constituency; or (iii) one functional constituency only, shall be construed as a reference to the final register compiled under the Legislative Council (Electoral Provisions) Ordinance (Cap 381). (Enacted 1995) "Assistant Returning Officer (Functional Constituencies)(General)" (助理選舉主任 (功能組別)(一般事務)) "by-election" (補選) "Chief Returning Officer" (總選舉主任) "constituency" (選舉組別) "counting agent" (監察點票代理人) "counting station" (點票站) "election" (選舉) "election advertisement" (競選廣告) "election agent" (選舉代理人) "election committee constituency" (選舉委員會組別) "election expense agent" (選舉開支代理人) "election expenses" (選舉開支) "election petition" (選舉呈請、選舉呈請書) "functional constituency" (功能組別) "geographical constituency" (地方選區) "no canvassing area" (禁止拉票區) "no staying area" (禁止逗留區) "nomination paper" (提名書) "nomination period" (提名期) "notice of by-election" (補選公告) "notice of election" (選舉公告) "polling agent" (監察投票代理人) "polling station" (投票站) "presiding officer" (投票站主任) "specified address" (指明地址) "specified form" (指明格式) "specified polling station" (指明投票站) "working day" (工作日) "candidate" (候選人) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 3 Notice of election VerDate:30/06/1997 PART II STAGES OF ELECTION PRECEDING A POLL (1) After a notice for the purposes of section 3(3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) is published in the Gazette, the Chief Electoral Officer shall publish in the Gazette, as regards- (a) the election committee constituency, a notice which shall- (i) state the number of vacancies in the election committee constituency; (ii) state that nomination papers in respect of that constituency must be delivered so as to be received by the returning officer on a working day during office hours within the period specified for the purpose in the notice; (iii) specify an address for the delivery of nomination papers under subparagraph (ii) and the address of the place from which the specified forms for the purposes of section 6(5) can be obtained; and (iv) state the date on which such election is to be held and that there will be a poll on that date in respect of that constituency unless the number of validly nominated candidates does not exceed the number of vacancies in it; and (b) the functional constituencies, a notice which shall- (i) contain the name of each functional constituency and state in relation thereto, the number of vacancies in it; (ii) state that nomination papers in respect of a functional constituency must be delivered so as to be received by the returning officer on a working day during office hours within the period specified for the purpose in the notice; (iii) specify an address for the delivery of nomination papers under subparagraph (ii) and the address of the place from which the specified forms for the purposes of section 6(5) can be obtained; and (iv) state the date on which the election in respect of the functional constituencies is to be held and that there will be a poll on that date in respect of every functional constituency other than a constituency in respect of which the number of validly nominated candidates does not exceed the number of vacancies in that constituency. (2) The period for the purposes of subsection (1)(a)(ii) or (b)(ii) shall, in each case- (a) be determined by the Chief Electoral Officer; (b) be a period beginning not earlier than the date of the publication of the relevant notice under subsection (1) and not less than 14 days or more than 21 days in duration; and (c) be a period ending not less than 28 days and not more than 42 days before the date on which the relevant election is to be held. (3) Subject to this section, a notice under subsection (1) shall be in the specified form. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 4 Notice of by-election where office of member declared vacant VerDate:30/06/1997 (1) Not later than 14 days beginning on the date a notice is published under section 10 of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) declaring a vacancy, the Chief Electoral Officer shall, subject to section 11(2) and (3) of that Ordinance, publish in the Gazette a notice which shall- (a) if the vacancy is in the election committee constituency, contain the particulars required to be contained, stated or specified in a notice published under section 3(1)(a); and (b) if the vacancy is in a functional constituency, contain as regards the particular functional constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1)(b). (2) Section 3(2) and (3) shall apply in relation to a notice under subsection (1) subject to necessary modifications. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 5 Notice of by-election where election is countermanded VerDate:30/06/1997 (1) If, at any election or by-election, after the expiry of the nomination period and before the declaration of the result of the election as regards a particular constituency, it is established to the satisfaction of the returning officer that a validly nominated candidate in respect of that constituency has died or has become disqualified from being elected, the returning officer shall forthwith declare, by issuing a notice in the specified form, that the election or by-election in respect of that constituency is countermanded. (2) The returning officer shall publish in the Gazette the notice referred to in subsection (1) as soon as practicable after the declaration under that subsection is made. (3) Subject to section 11(2) and (3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), not later than 14 days beginning on the date a notice under subsection (1) is published, the returning officer shall publish in the Gazette a notice, which shall- (a) if the constituency concerned is the election committee constituency, contain the particulars required to be contained, stated or specified in a notice published under section 3(1)(a); and (b) if the constituency concerned is a functional constituency, contain as regards the particular functional constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1)(b). (4) Section 3(2) and (3) shall apply as in relation to a notice under subsection (3) subject to necessary modifications. (5) The date (which shall be stated in the notice under subsection (3)) for holding a by-election pursuant to this section shall be appointed by the Commission and shall not be later than 60 days from the date the countermanded election was or would have been held. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 6 Nomination of candidates VerDate:30/06/1997 (1) A person shall be nominated as a candidate by the delivery of a nomination paper signed by him and subscribed in accordance with any regulations made under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381)- (a) to the returning officer; (b) within the nomination period; (c) at the specified address; and (d) by the candidate in person or in such other manner as authorized by the Chief Electoral Officer. (2) A nomination paper shall- (a) state the identity card number, name and residential address of the person being nominated as a candidate; (b) state the identity card number, name and residential address of each of its subscribers; (c) contain a declaration by the person referred to in paragraph (a) to the effect that he is qualified for nomination as a candidate in respect of the constituency concerned, that he is not disqualified from being so nominated and that he consents to his nomination as such; and (d) contain such other particulars or information (if any) required to be furnished in the specified form. (3) A nomination paper shall be signed by each of its subscribers. (4) The returning officer may require a person in respect of whom a nomination paper has been submitted, to furnish such other information as he considers appropriate to satisfy himself as to whether the person is qualified to be nominated as a candidate in respect of the constituency concerned or as to the validity of the nomination, in addition to the particulars and information required to be furnished under subsection (2). (5) Subject to subsection (2), a nomination paper shall be in the specified form. (6) Only one person can be nominated as a candidate by one nomination paper. (7) The particulars and information referred to in subsection (2)(d) may differ having regard to the constituency to which the nomination relates. (8) Without prejudice to section 9 or the effect of non-compliance with any requirement imposed in relation to a nomination by any regulations made under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), a nomination paper which does not comply with any requirement specified in or made under this section shall be invalid. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 7 Inspection of nomination paper VerDate:30/06/1997 (1) The returning officer shall make available for inspection by the public, at the specified address, during office hours on any working day until the publication of the relevant notice of the result of the election under this Regulation, a copy of any nomination paper received by him. (2) The returning officer may at the request of an elector render any assistance necessary for the preparation of a nomination paper for signature. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 8 Nomination and deposit VerDate:30/06/1997 (1) The returning officer shall not accept a nomination paper unless it is accompanied by the appropriate deposit. (2) Where a deposit is received by the returning officer, he shall issue a receipt for the amount of the deposit. (3) In this section "appropriate deposit" (適當的按金), in relation to a constituency, means the amount which is prescribed by any regulations made under the Legislative Council (Electoral Provisions) Ordinance (Cap 381) as the deposit payable as regards the nomination of a candidate in respect of the constituency. (Enacted 1995) "appropriate deposit" (適當的按金) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 9 Decision as to validity of a nomination paper VerDate:30/06/1997 (1) The returning officer shall, as soon as practicable after each nomination paper is received, examine the nomination paper to decide whether the candidate concerned has been validly nominated. (2) Where a nomination paper is received by the returning officer in accordance with sections 6 and 8, the candidate shall be deemed to stand nominated unless- (a) the returning officer decides that the nomination paper is invalid; or (b) the candidate withdraws his candidature. (3) Without prejudice to section 20 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381), the returning officer may decide that a nomination paper is invalid, if and only if- (a) the number of persons who have subscribed to the nomination paper is not, or the qualifications of any person who has subscribed thereto are not, as required by any regulations made under the Legislative Council (Electoral Provisions) Ordinance (Cap 381); (b) the nomination paper has not been completed or signed as required under this Regulation; (c) the returning officer is satisfied that the candidate is not qualified to be, or is disqualified from being, nominated as a candidate under the Legislative Council (Electoral Provisions) Ordinance (Cap 381); (d) the candidate has been nominated for another constituency in the same election or by-election and the returning officer is not satisfied that the candidate has withdrawn that candidature; (e) the candidate has not paid the appropriate deposit; or (f) the returning officer is satisfied that the candidate is dead. (4) In deciding for the purposes of this section whether a person is qualified to be nominated or disqualified from being nominated as a candidate, the returning officer shall have regard- (a) to any advice given by the Nominations Advisory Committee pursuant to an application made by that returning officer under the Boundary and Election Commission (Nominations Advisory Committee) Regulation (Cap 432 sub. leg.); and (b) to any advice given on an application made by that person to the Nominations Advisory Committee under that Regulation or where advice has not been given on the application, any other result of the application. (5) Subject to subsection (6), where it appears to the returning officer that there is an error in the nomination paper which constitutes a ground for deciding under subsection (3) that a nomination paper is invalid but it is an error which can be corrected within the nomination period, he may give the candidate a reasonable opportunity for correcting the error before making a decision under subsection (1). (6) A correction under subsection (5) shall not be made after the expiry of the nomination period. (7) Where the returning officer decides that a nomination paper is invalid, he shall endorse on the paper his decision and the reasons for it and sign the endorsement. (8) The returning officer shall send a notice stating his decision to each validly nominated candidate for the constituency concerned at the address stated in his nomination paper as his residential address. (9) The decision of the returning officer that a nomination paper is valid or invalid is final and shall not be questioned in any proceeding whatsoever except by an election petition. (10) In this section "the Nominations Advisory Committee" (提名顧問小組) means, in relation to a particular election or by-election, a Nominations Advisory Committee appointed under the Boundary and Election Commission (Nominations Advisory Committee) Regulation (Cap 432 sub. leg.) in relation to that election or by-election. (Enacted 1995) "the Nominations Advisory Committee" (提名顧問小組) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 10 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 10 Withdrawal of candidature VerDate:30/06/1997 (1) A candidate may withdraw his candidature only during the nomination period and in accordance with subsection (2). (2) A withdrawal for the purposes of subsection (1) shall be effected by the delivery- (a) in person by the candidate or his election agent; (b) to the returning officer; (c) at the specified address; and (d) within the nomination period, of a notice, which shall be- (i) in the specified form; and (ii) signed by the candidate and attested by one witness. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 11 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 11 No nomination for more than one constituency VerDate:30/06/1997 (1) A person shall not be nominated as a candidate in an election in respect of more than one constituency. (2) A person who wishes to be nominated as a candidate in the same election for a constituency other than the constituency for which he has for the time being submitted a nomination paper ("first constituency"), shall, before he submits a nomination paper for that other constituency, withdraw his candidature for the first constituency, in accordance with section 10, and declare in the nomination paper for the other constituency that his candidature for the first constituency has been withdrawn. (3) For the avoidance of doubt it is declared that nothing in this section shall be construed as permitting a person to be nominated as a candidate in respect of a geographical constituency and any other constituency concurrently. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 12 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 12 Publication of notice of nominations VerDate:30/06/1997 (1) The returning officer shall, not later than 14 days beginning on the expiry of the nomination period, publish in the Gazette- (a) as regards the election committee constituency, a notice which shall contain in respect of that constituency, the identity card number, name and residential address of- (i) each validly nominated candidate; (ii) any person whose nomination was rejected as being invalid; and (iii) any person who has withdrawn his candidature; and (b) as regards the functional constituencies, a notice which shall contain as regards each functional constituency the particulars specified in paragraph (a). (2) Subject to subsection (1) and section 13, a notice under that subsection shall be in the specified form. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 13 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 13 Holding of poll or declaration of election without poll VerDate:30/06/1997 Where, after- (a) the nomination period has expired; (b) the returning officer has made a decision in respect of each candidate under section 9(1); and (c) any withdrawals of candidature, in respect of any constituency- (i) the number of validly nominated candidates is more than the number of vacancies in that constituency, a poll shall be held in respect of that constituency in accordance with Part III; or (ii) the number of validly nominated candidates is less than or equal to the number of vacancies, those candidates shall be declared elected in the notice of nominations published in respect of that constituency under section 12. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 14 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 14 Publication of notice of by-election to fill remaining vacancies VerDate:30/06/1997 (1) Where as regards a constituency- (a) no person is validly nominated as a candidate; (b) the number of validly nominated candidates is less than the number of vacancies; or (c) each validly nominated candidate has withdrawn his candidature, the returning officer shall, not later than 14 days beginning on the expiry of the nomination period, subject to subsection (2) and section 11(2) or (3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), as may be appropriate, publish in the Gazette a notice which shall- (i) if the constituency concerned is the election committee constituency, contain the particulars required to be contained, stated or specified in a notice published under section 3(1)(a); and (ii) if the constituency concerned is a functional constituency, contain as regards the particular functional constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1)(b). (2) Where a notice of by-election is published under subsection (1) and at the expiry of the nomination period there is no person validly nominated in respect of the constituency concerned or the number of validly nominated candidates in respect of that constituency is less than the number of vacancies in it, a further notice of by-election shall not be published as regards that constituency- (a) other than as provided in subsection (3); or (b) unless such publication becomes necessary pursuant to the dissolution of the Legislative Council. (3) If the vacancy in the constituency concerned is not filled in the by-election held under subsection (1), within 7 days of the expiry of the period of 6 months beginning on the date the notice of by-election is published under that subsection, the returning officer shall, subject to section 11(2) or (3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), as may be appropriate, publish in the Gazette a notice of by-election which shall- (a) if the constituency concerned is the election committee constituency, contain the particulars required to be contained, stated or specified in a notice published under section 3(1)(a); and (b) if the constituency concerned is a functional constituency, contain as regards the particular functional constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1)(b). (4) Section 3(2) and (3) shall apply in relation to a notice under this section subject to necessary modifications. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 15 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 15 Appointment of election agent VerDate:30/06/1997 (1) A candidate may appoint a person who has attained the age of 18 years as his election agent. (2) The candidate shall give the returning officer notice of any appointment under subsection (1). (3) An appointment of an election agent shall not be effective until the notice given for the purposes of subsection (2) is received by the returning officer. (4) A notice for the purposes of subsection (2) shall- (a) state the identity card number, name and address of the election agent; (b) be signed by the candidate and the election agent; and (c) be in the specified form. (5) A candidate shall not have more than one election agent at any one time. (6) Where the appointment of an election agent is revoked the candidate shall give notice of the revocation to the returning officer. (7) A notice for the purposes of subsection (6) shall be in writing and a revocation of an appointment of an election agent shall not be effective until such notice is received by the returning officer. (8) If at any time an election agent dies or his appointment is revoked, the candidate may appoint another person as election agent in his place in accordance with this section. (9) An election agent may do all things which the candidate may do in connection with an election or by-election except- (a) anything a candidate is required to do under section 6; (b) withdraw the candidate's candidature; and (c) authorize any person for the purposes of section 17, and any such act of the election agent shall be effective as if it had been done by the candidate in person. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 16 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 16 Notice of particulars of election agents VerDate:30/06/1997 (1) The returning officer shall, in accordance with subsection (2)- (a) send to each validly nominated candidate in respect of the constituency concerned; (b) display in a prominent place outside the office of the returning officer, a notice containing the particulars of each election agent or, in the case of an appointment under section 15(8), particulars of the election agent so appointed, in the specified form. (2) A notice under subsection (1) shall be sent- (a) not later than 10 days beginning on the expiry of the nomination period; and (b) in the case of- (i) an appointment of an election agent made after the period of 10 days referred to in paragraph (a); or (ii) a replacement of an election agent under section 15(8), as soon as practicable after receiving the relevant notice of appointment. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 17 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 17 Authorization of persons to incur election expenses on behalf of a candidate VerDate:30/06/1997 (1) A person who is a candidate within the meaning of section 2(3)(a) may, in accordance with this section, authorize one or more persons, each of whom has attained the age of 18 years, to incur election expenses on his behalf for an election or by-election. (2) An authorization for the purposes of subsection (1) shall- (a) be in writing and state the identity card number, name and address of the person authorized; (b) be signed by the candidate and the person authorized; (c) specify the maximum amount that the authorized person may incur as election expenses; and (d) be in the specified form. (3) Where an authorization under subsection (1) is given- (a) on or after the commencement of the nomination period, the candidate shall serve a copy thereof on the returning officer to be received by him within 3 working days after it is given; and (b) before the commencement of the nomination period by a person who after the commencement of the nomination period becomes a candidate in respect of that election or by-election, he shall serve a copy thereof on the returning officer within 3 working days after he submits the nomination paper, whether or not the authorization has been revoked. (4) A person who revokes an authorization under this section shall give notice of such revocation forthwith to the returning officer, in writing. (5) Where a person has before the commencement of this Regulation authorized another person to incur election expenses on his behalf in respect of an election or by-election to be held in the year 1995 and in respect of which he has submitted a nomination paper, he shall serve on the returning officer a copy of the authorization within 3 working days after he submits the nomination paper, whether or not the authorization has been revoked. (6) A person who is required under subsection (5) to serve a copy of an authorization shall, at the same time as he serves such copy inform the returning officer in writing of- (a) the identity card number, name and address of the person authorized; and (b) the amount such person is authorized to incur as election expenses on his behalf, (unless that information is contained in the authorization) and the amount so incurred as election expenses up to the time of such submission. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 18 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 18 Notice of particulars of election expense agent VerDate:30/06/1997 The returning officer shall make available for public inspection a copy of any authorization received by him under section 17 as soon as practicable after it is received by him and until the expiry of the period the return and declaration of election expenses of the candidate is open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288). (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 19 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 19 Hours of poll VerDate:30/06/1997 PART III CONTESTED ELECTIONS (1) The hours for polling on the polling day shall be appointed by the Chief Electoral Officer in accordance with this section. (2) For the purposes of subsection (1), the Chief Electoral Officer- (a) shall appoint the hours for polling so as to give the electors a reasonable opportunity to vote; and (b) subject to paragraph (a), may appoint different hours for different constituencies or different polling stations in respect of a constituency. (3) The Chief Electoral Officer shall, not less than 10 days before the polling day, publish in the Gazette a notice specifying as regards each constituency and where appropriate, each polling station in respect of a constituency, the relevant hours for polling appointed under this section. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 20 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 20 Designation of polling stations and counting stations VerDate:30/06/1997 (1) The Chief Electoral Officer shall designate, by notice published in the Gazette, one or more places, being places described in subsection (2), to be used for- (a) conducting a poll in respect of an election or a by-election; (b) separating ballot papers relating to any functional constituency from those relating to a geographical constituency; (c) separating ballot papers relating to a functional constituency from those relating to another functional constituency or constituencies; (d) counting ballot papers; (e) counting the votes; or (f) any 2 or more of the purposes specified in paragraphs (b), (c), (d) and (e). (2) The places referred to in subsection (1) are- (a) any premises occupied by a Government department for official purposes ("Government building"); (b) any structure, place or premises hired or to be hired under subsection (3); (c) any- (i) school; or (ii) building occupied by any organization, association or body, in respect of which a grant is made out of the general revenue; or (d) any other- (i) structure, premises, whether permanent or temporary, mobile or otherwise; or (ii) place, which the Chief Electoral Officer considers suitable for a purpose specified in subsection (1). (3) The Chief Electoral Officer may hire any structure, place or premises or part thereof for the purpose of designating as a polling station or a counting station. (4) Where it appears to the Chief Electoral Officer that the circumstances so warrant, he may designate for one or more of the purposes referred to in subsection (1), any place, being a place described in subsection (2), in addition to or in substitution of a place designated under this section and shall publish, in such manner as he thinks fit, notice of such designation. (5) The Chief Electoral Officer shall make available during office hours on any working day at his office a list of the polling stations and counting stations for inspection by the public. (6) The Chief Electoral Officer shall ensure that there are sufficient polling stations and counting stations to enable polling and the conduct of a count to take place smoothly and efficiently. (7) The Chief Electoral Officer shall- (a) designate at least one polling station in each District, being a polling station- (i) designated under subsection (1) or (4); and (ii) which is, in his opinion, suitable for use for the purpose of voting by persons with a disability for whom access to a polling station would be difficult by reason of such disability, as a polling station to be used by such persons for voting; and (b) specify the constituency or the constituencies in respect of which each specified polling station is so designated. (8) Not less than 10 days before the polling day, the Chief Electoral Officer shall indicate in the list referred to in subsection (5), in such manner as he considers appropriate, the specified polling stations and in relation to each specified polling station, the constituency or the constituencies in respect of which it is designated. (9) The Chief Electoral Officer shall, in the case of a polling station or counting station which is not a Government building- (a) make good any damage caused; and (b) defray any expenses incurred by any person having control over the structure, place or premises, by reason of their having been used as a polling station or counting station, as the case may be. (10) The Chief Electoral Officer may take such steps as he considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise by reason of or in connection with the use of any structure, place or premises as a polling station or a counting station. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 21 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 21 Duties of the Chief Electoral Officer in relation to polling stations VerDate:30/06/1997 (1) As regards an election or a by-election, the Chief Electoral Officer shall- (a) appoint a person ("the presiding officer") to preside at each polling station and such other persons as he considers necessary to assist the presiding officer in the conduct of a poll; (b) at least 10 days before the polling day, send to each elector entitled to vote at that polling station a poll card; (c) after the publication of a notice of nominations under section 12, or on being satisfied that a nomination paper in respect of a candidate has been received by the returning officer, subject to subsection (2), supply to each- (i) candidate an extract of that part of the final register which relates to the constituency in respect of which the candidate is nominated, containing such entries and particulars and in such form as may be determined by the Chief Electoral Officer (which may include a printed form or a form capable of being read by a computer), and containing such additional information (if any), so determined; and (ii) returning officer, a copy of that part of the final register which relates to the constituency in respect of which that officer is appointed; (d) provide in each polling station such number of compartments as he considers necessary to enable electors to vote screened from observation; (e) supply to each presiding officer such number of ballot papers as he considers necessary in respect of each constituency in respect of which the polling station is designated and a copy of the appropriate part of the final register; (f) provide at each polling station materials to enable electors to mark the ballot papers; and (g) do such acts and things as are necessary for holding the poll effectively. (2) Where an extract of the part of the final register required under subsection (1)(c)(i) to be supplied to a candidate is supplied to the election agent of the candidate, it shall be regarded for the purposes of that subsection as having been supplied to the candidate. (3) The Chief Electoral Officer shall provide- (a) the returning officer; and (b) each presiding officer, with a list of the names of the persons appointed under subsection (1)(a) in respect of the polling station for which that presiding officer is appointed. (4) Each presiding officer shall display the list referred to in subsection (3) in a prominent place in the polling station for which he is appointed. (5) An elector who is not otherwise entitled to vote at a specified polling station and who claims- (a) to be a person with a disability; and (b) that access to the polling station at which he is entitled to vote is difficult for him due to such disability, may apply to the Chief Electoral Officer, not less than 5 days before the polling day, to vote at the specified polling station designated for the constituency in respect of which he is entitled to vote. (6) Where the Chief Electoral Officer receives an application under subsection (5)- (a) he may allocate the relevant specified polling station to the elector concerned if he is satisfied that the application is well founded; and (b) he shall in any case inform the applicant, in such manner as he considers appropriate, of the result of the application as soon as practicable. (7) An elector who is allocated a specified polling station under subsection (6)(a) shall be entitled to vote only at that polling station in the election or by-election to which his application under subsection (5) relates. (8) Where the Chief Electoral Officer allocates a specified polling station to an elector under subsection (6)(a), he shall as soon as practicable thereafter, notify the returning officer, the presiding officer at that specified polling station and the presiding officer at the polling station at which the elector would have been entitled to vote if not for such allocation, of the identity card number, name and residential address (as it appears in the final register) of that elector and of the functional constituency and the geographical constituency in respect of which he is registered. (9) The requirement in subsection (1)(b) to send a poll card shall not apply in relation to an elector as regards whom the Chief Electoral Officer is satisfied- (a) having regard to any information received from the Registrar of Births and Deaths, that he is dead; or (b) that his address on the final register does not exist or refers to a building that has been demolished or is not at that time built. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 22 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 22 Directions for guidance of electors in voting VerDate:30/06/1997 The presiding officer shall ensure that a notice in the specified form providing information for the guidance of electors in voting is exhibited outside the polling station for which he is appointed and in every compartment in that polling station. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 23 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 23 Design of ballot box VerDate:30/06/1997 A ballot box shall be so constructed that ballot papers can be introduced into it while it is locked but cannot be withdrawn from it without unlocking it or breaking the seal or the sealing device. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 24 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 24 Form of ballot paper VerDate:30/06/1997 (1) A ballot paper- (a) for the Urban Council functional constituency, the Regional Council functional constituency or the Rural functional constituency shall be in Form 1; and (b) for any functional constituency other than a functional constituency referred to in paragraph (a) shall be in Form 2. (2) Subject to subsection (3), a ballot paper for the election committee constituency may either be in Form 3A or Form 3B. (3) The Chief Electoral Officer shall determine as regards an election or a by-election in respect of the election committee constituency either- (a) that the ballot papers to be used for that election or by-election shall be in Form 3A; or (b) that the ballot papers to be used for that election or by-election shall be in Form 3B, and where he makes a determination under paragraph (a), only ballot papers in Form 3A shall be used for the election or by-election concerned and where he makes a determination under paragraph (b), only ballot papers in Form 3B shall be used for the election or by-election concerned. (4) A ballot paper shall- (a) contain as regards each candidate for the constituency concerned- (i) his name; (ii) if the Commission so determines, his address (as shown in the notice of nominations published under section 12); and (iii) the number allocated to him under subsection (6); and (b) have the date and description of the election or by-election printed on the front of it. (5) A number may be printed on the counterfoil of a ballot paper, but a ballot paper (other than a ballot paper in Form 3B) shall not bear any number except a number contained under subsection (4). (6) The order in which the names of candidates appear on the ballot paper shall be determined by the returning officer by the drawing of lots and a number allocated to each candidate accordingly. (7) A candidate may be present at the drawing of lots under subsection (6) or be represented by a person authorized by him in writing. (8) The returning officer shall give each candidate reasonable notice of the arrangements for the drawing of lots under subsection (6). (9) The returning officer may give notice for the purposes of subsection (8) to the election agent of a candidate and any notice so given shall be regarded as having been given to the candidate concerned. (10) The Commission may use an abbreviation of the address referred to in subsection (4)(a)(ii) if it considers it appropriate. (11) Subsection (5) shall not be construed as preventing- (a) the marking of preferences by an elector voting for the election committee constituency or a constituency referred to in Part I of Schedule 2 to the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) on a ballot paper relating to that constituency; or (b) the allocation of a number to a ballot paper relating to the election committee constituency in the course of conducting the count in respect of that constituency. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 25 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 25 Establishment of no canvassing areas and no staying areas outside polling stations VerDate:30/06/1997 (a) in subparagraph (i), "returning officer" ( ) where it first appears; (b) in subparagraphs (ii) and (iii), "returning officer" ( ), means the returning officer who makes the relevant declaration under subsection (1). (Enacted 1995) (1) The returning officer shall declare in respect of each polling station that- (a) an area outside that polling station as specified by him with reference to a map or plan referred to in subsection (2), is to be known as a no canvassing area; and (b) an area within that no canvassing area is to be known as a no staying area, for the purposes of this Regulation. (2) Where the returning officer makes a declaration under subsection (1), he shall indicate on a map or plan or on 2 separate maps or plans the no canvassing area and the no staying area in relation to the polling station concerned. (3) A declaration under subsection (1) shall be made not later than 7 working days before the polling day. (4) A person shall not on polling day- (a) engage in the canvassing of votes in a no canvassing area; or (b) stay or loiter in the no staying area without the express permission of the presiding officer. (5) Any person who contravenes subsection (4)(a) or (b) commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (6) Where a declaration is made under subsection (1)- (a) if the polling station concerned is a polling station designated- (i) for a geographical constituency, the returning officer shall give notice, to each candidate for that geographical constituency, and if it is designated also for one or more functional constituencies, to the returning officer for the functional constituency or the returning officer for each functional constituency; (ii) for the election committee constituency, the returning officer shall give notice to each candidate for that constituency; (iii) for a functional constituency only, the returning officer shall give notice to each candidate for the functional constituency; and (iv) for more than one functional constituency, the Chief Returning Officer shall give notice to the returning officer for each such functional constituency; and (b) the returning officer of any functional constituency to whom notice is given under paragraph (a)(i) or (iv), shall give notice to each candidate, of the relevant declarations under subsection (1)(a) and (b) respectively. (7) Where a returning officer makes a declaration under subsection (1), he shall display on polling day, at or near the polling station concerned, a notice of the relevant declaration together with a map or plan showing the no canvassing area and the no staying area respectively. (8) A returning officer who makes a declaration under subsection (1) may vary the relevant no canvassing area or no staying area by another declaration and where he so varies it, shall display on polling day at or near the relevant polling station a notice of the subsequent declaration and a map or plan showing the no canvassing area or no staying area, as the case may be, so varied. (9) Where a no canvassing area or no staying area is varied under subsection (8), if the polling station concerned is a polling station referred to in- (a) subsection (6)(a)(i), the returning officer referred to in that subsection shall- (i) notify each candidate for the geographical constituency concerned of the variation unless it is not reasonably practicable to do so before the close of poll; and (ii) inform the returning officer of the functional constituency or the respective returning officers of the functional constituencies of the variation; (b) subsection (6)(a)(ii) or (iii), the respective returning officers referred to therein shall notify each candidate for the election committee constituency or the functional constituency concerned, as the case may be, of the variation, unless it is not reasonably practicable to do so before the close of poll; and (c) subsection (6)(a)(iv), the Chief Returning Officer shall inform the returning officers for the functional constituencies for which that polling station is designated of the variation. (10) The returning officer or each returning officer informed under subsection (9)(a)(ii) or (c) shall, unless it is not reasonably practicable to do so, notify each candidate for the constituency concerned of the variation. (11) A returning officer who makes a declaration under subsection (1) or varies a no canvassing area or no staying area under subsection (8) shall indicate in such manner as he considers appropriate, the boundaries of each no canvassing area or no staying area, as the case may be, concerned. (12) The declaration or any variation of a no canvassing area or no staying area shall become effective when the map or plan referred to in subsection (7) or (8), as may be appropriate, is displayed under that subsection. (13) A returning officer referred to in subsection (1) may, in respect of any polling station, authorize the assistant returning officer or the presiding officer to perform his functions under this section on polling day. (14) Where a returning officer is required to notify a candidate under subsection (6) or (9)(a)(i) or (b) or (10), he may notify the election agent or the polling agent of the candidate for the relevant polling station and where he so notifies, he shall be regarded, for the purposes of the relevant subsection, as having notified the candidate. (15) In subsection (6)(a)- (a) in subparagraph (i), "returning officer" ( ) where it first appears; (b) in subparagraphs (ii) and (iii), "returning officer" ( ), means the returning officer who makes the relevant declaration under subsection (1). (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 26 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 26 Keeping order in no canvassing areas and no staying areas VerDate:30/06/1997 (1) The presiding officer shall use his best endeavours to ensure that a person does not, on the polling day- (a) engage in the canvassing of votes in the no canvassing area; or (b) stay or loiter in the no staying area (except where the person has been permitted to do so by the presiding officer). (2) If any person misconducts himself in a no canvassing area or no staying area or fails to obey a lawful order of the returning officer or the presiding officer, such officer may order that person to leave the no canvassing area or no staying area, as the case may be, immediately and if he fails to so leave, he may be removed from the no canvassing area or no staying area, as the case may be, by a police officer, or by any other person authorized in writing by the returning officer or the presiding officer to remove him and the person so removed shall not, except with the permission of the returning officer or the presiding officer, as the case may be, enter the no canvassing area or no staying area, as the case may be, on that day. (3) The powers conferred by this section shall not be exercised so as to prevent an elector from voting at the polling station he is entitled to vote at. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 27 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 27 Appointment of polling agents VerDate:30/06/1997 (1) Subject to subsection (8), each candidate may appoint one or more persons, each of whom has attained the age of 18 years to attend at a polling station in respect of the constituency for which he is standing for election, for any purpose connected with the conduct of the poll. (2) The candidate shall give notice of any appointment under subsection (1)- (a) either to the returning officer at least 3 working days before polling day; or (b) to the presiding officer appointed for the polling station in respect of which the appointment is made, by delivering the relevant notice himself on polling day to that presiding officer or having it so delivered by his election agent. (3) A notice for the purposes of this section shall be in writing and contain the identity card number, name and address of the polling agent concerned and be signed by the candidate. (4) An appointment of a polling agent shall not be effective until the notice given for the purposes of subsection (2)(a) or (b) is received by the returning officer or presiding officer, as may be appropriate. (5) Where an appointment of a polling agent is revoked, the candidate shall give notice of the revocation - (a) to the returning officer before polling day; or (b) on polling day to the presiding officer in the manner specified in subsection (2)(b). (6) A notice for the purposes of subsection (5) shall be in writing and any revocation of an appointment of a polling agent shall not be effective until such notice is received by the returning officer or presiding officer, as may be appropriate. (7) Subject to subsection (9), a polling agent in respect of whom notice is given under subsection (2)(a) or (b)- (a) may, on polling day be present within the polling station in respect of which he has been appointed; and (b) shall, on arrival at that polling station, report in person to the presiding officer and produce his identity card and a declaration of secrecy in the specified form, completed by him. (8) A candidate shall not appoint more than 2 polling agents in respect of a polling station. (9) Not more than one polling agent in respect of each candidate may be present within a polling station at any one time. (10) Notwithstanding subsection (9), where a candidate or the election agent of a candidate is present within a polling station, a polling agent of that candidate shall not be present at the same time within that polling station. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 28 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 28 Delineation of polling stations VerDate:30/06/1997 (1) The Chief Electoral Officer shall, as regards an election or a by-election, before the poll commences - (a) delineate the polling station on a plan or map; and (b) display outside the polling station, that plan or map. (2) Before the poll commences, the presiding officer shall, delineate clearly by marks, barriers or in such other manner as he thinks fit, the polling station in accordance with the plan or map referred to in subsection (1). (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 29 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 29 Admission to polling stations VerDate:30/06/1997 (1) Except where otherwise provided in this Regulation, a person shall not enter a polling station other than for the purpose of voting. (2) Subject to subsection (3), for the purpose of ensuring that polling takes place smoothly and efficiently, the presiding officer may- (a) notwithstanding section 27(9), regulate the number of electors, candidates, election agents and polling agents to be admitted to the polling station at any one time; and (b) exclude any person from the polling station. (3) The presiding officer shall not exclude under subsection (2)(b)- (a) the officers named in the list referred to in section 21(3); (b) the returning officer of each constituency in respect of which the polling station is designated; (c) members of the Commission; (d) police officers on duty at the polling station; (e) persons authorized in writing by a member of the Commission; (f) the Chief Electoral Officer; and (g) public officers authorized in writing by the Chief Electoral Officer. (4) The presiding officer shall not exercise his powers under subsection (2) so as to prevent an elector from voting at the polling station he is entitled to vote at. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 30 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 30 Offences at polling stations VerDate:30/06/1997 (1) A person, not being- (a) a returning officer; (b) a member of the Commission or any person authorized for the purpose in writing by a member of the Commission; (c) the Chief Electoral Officer; (d) a person appointed under section 21(1)(a); (e) a person authorized in writing by the returning officer to act as a liaison officer; or (f) a police officer on duty at a polling station, shall not communicate with an elector within a polling station. (2) A person shall not on the polling day- (a) without the express permission of the presiding officer, film, take photographs or make any audio or video recording; (b) engage in the canvassing of votes; or (c) display an election advertisement, within a polling station. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (4) A person who fails to comply with a lawful order given by the returning officer or the presiding officer or behaves in a disorderly manner in a no canvassing area or a no staying area or within or at a polling station commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (5) Subsection (4) is without prejudice to section 26(2) and 41(2). (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 31 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 31 Sealing of ballot boxes VerDate:30/06/1997 Immediately before the commencement of the poll, the presiding officer shall show each ballot box, empty, to such persons, if any, as are then present within the polling station, and then lock the ballot box, seal it with a seal provided for the purpose or such other device as specified by the Chief Electoral Officer, so as to prevent it from being opened without breaking the seal and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 32 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 32 Questions to electors VerDate:30/06/1997 (1) The presiding officer at any polling station which is designated for a geographical constituency and one or more functional constituencies or 2 or more functional constituencies but not a geographical constituency shall inform any elector who is entitled to vote at that polling station in respect of a functional constituency, of the functional constituency in respect of which he is so entitled to vote. (2) Subject to subsection (3), the presiding officer may, and if required by a candidate, or the election agent or polling agent of a candidate, shall, ask of any person applying for a ballot paper, at the time he so applies, but not afterwards, the question in subsection (3)(a) and the relevant question in subsection (3)(b). (3) The questions referred to in subsection (2) are- (a) "Are you the person registered in the register of electors now in force as regards this constituency and polling station, as follows (reads the whole of the relevant entry in the register)?" or " (reads the whole of the relevant entry in the register)?"; (b) "Have you already voted in respect of the present election?" or " ?" or "Have you already voted in respect of the present by-election?" or " ?". (4) Where the ballot paper referred to in subsection (2) is a ballot paper- (a) specified in Schedule 1, the reference to constituency in subsection (3)(a) shall be construed as a reference to the constituency to which the ballot paper relates, and the reference to election and by-election in subsection (3)(b) shall be construed as a reference to an election and by-election respectively within the meaning of section 2 and the presiding officer shall frame the question accordingly; or (b) specified in the Schedule to the Boundary and Election Commission (Electoral Procedure) (Geographical Constituencies) Regulation (Cap. 432 sub. leg.), the reference to constituency in subsection (3)(a) shall be construed as a reference to the relevant geographical constituency, and the references to election and by-election in subsection (3)(b) shall be construed as a reference to an election and by-election respectively held under the Electoral Provisions Ordinance (Cap. 367) in respect of that geographical constituency and the presiding officer shall frame the question accordingly. (5) The presiding officer shall modify appropriately the question referred to in subsection (3)(a) in the case of a person who has been allocated a specified polling station pursuant to section 21(6)(a). (6) A ballot paper shall not be given to any person of whom either the question in subsection (3)(a) or the relevant question in subsection (3)(b) or both such questions or where applicable, either the relevant question in subsection (3)(b) or a question under subsection (5) or both such questions, are asked if he fails to answer either or both or does not answer them to the satisfaction of the presiding officer. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 33 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 33 Challenge of electors VerDate:30/06/1997 (1) If at the time a person applies for a ballot paper or after he has applied for a ballot paper and before he has left the polling station, a candidate or the election agent or polling agent of a candidate declares to the presiding officer that he has reasonable cause to believe that the applicant has committed the offence of personation, as defined by section 6 of the Corrupt and Illegal Practices Ordinance (Cap. 288), and undertakes to substantiate the charge in a court, or if the presiding officer has reason to believe that the applicant has committed that offence, the presiding officer may request a police officer to arrest the applicant. (2) A person in respect of whom a declaration is made under subsection (1) (whether or not such person has been arrested under that subsection) or a person who has been so arrested pursuant to the presiding officer having reason to believe that he has committed the offence of personation, shall not by reason thereof only be prevented from voting. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 34 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 34 Issue of ballot papers VerDate:30/06/1997 (1) A person shall not vote at any polling station other than- (a) the polling station designated in respect of that part of the final register in which his particulars are registered; or (b) in the case of a person who has been allocated a specified polling station under section 21(6)(a), the specified polling station so allocated. (2) A ballot paper shall not be given to an elector unless the presiding officer is satisfied by the production of either his identity card or such other document showing his identity card number, photograph and name that he is the person registered in the final register whom he claims to be. (3) In any polling station designated for a geographical constituency and one or more functional constituencies, when an elector entitled to vote at that polling station in respect of that geographical constituency and a functional constituency for which it is designated applies for a ballot paper, the presiding officer shall issue to him a ballot paper for that geographical constituency and a ballot paper for that functional constituency at the same time. (4) Immediately before giving a ballot paper or 2 ballot papers, as may be appropriate, to an elector- (a) the name of the elector as stated in the copy of the final register shall be called out; and (b) a line shall be placed in that copy across the identity card number, name and other particulars of the elector to denote that all the ballot papers he is entitled to have been issued to him, but no record shall be made as to the particular ballot papers issued to him. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 35 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 35 Procedure for voting VerDate:30/06/1997 (1) Subject to section 37, an elector after he receives- (a) a ballot paper in respect of a functional constituency or a ballot paper each in respect of a functional constituency and a geographical constituency in a polling station designated for one or more functional constituencies and a geographical constituency, shall forthwith proceed into one of the compartments in the polling station and there mark his ballot paper or ballot papers, as appropriate, and fold it so as to conceal the mark or marks on it and put the ballot paper or ballot papers so folded into the ballot box; and (b) a ballot paper in respect of the election committee constituency, shall mark it so as to indicate his choice of candidate or candidates, conceal the mark or marks on it with the device provided for the purpose at the polling station, and subject to subsection (2), put the ballot paper into the ballot box. (2) An elector voting in respect of the election committee constituency may, before putting the ballot paper into the ballot box, ascertain whether he has marked the ballot paper correctly, by using the device, if any, provided for the purpose at the polling station. (3) An elector shall vote without undue delay and leave the polling station as soon as he has put the ballot paper into the ballot box. (4) A person shall not put anything other than a marked ballot paper into the ballot box or in the case of an elector voting in respect of the election committee constituency, a marked ballot paper and the device referred to in subsection (1)(b). (5) Except where otherwise provided in this Regulation, a person shall not remove a ballot paper from a polling station. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 36 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 36 Marking of ballot papers VerDate:30/06/1997 An elector voting in respect of- (a) the Urban Council functional constituency, the Regional Council functional constituency or the Rural functional constituency shall mark his ballot paper in accordance with Part II of Schedule 2; and (b) a functional constituency other than a constituency referred to in paragraph (a), in which- (i) there is only one vacancy, shall indicate his choice of candidate by marking the ballot paper not more than once; (ii) there are 2 vacancies, shall mark his ballot paper not more than twice to indicate his choice of candidate or candidates; and (c) the election committee constituency shall mark his ballot paper in accordance with Part II of Schedule 3. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 37 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 37 Ballot papers marked by the presiding officer VerDate:30/06/1997 On the application of- (a) an elector who is or claims to be incapacitated by blindness or other physical cause from voting in the manner provided in this Regulation; or (b) an elector who claims that he is unable to read, the presiding officer shall in the presence of any other person appointed under section 21(1)(a) mark the ballot paper in the manner prescribed in section 36 according to the choice of the elector and put the ballot paper into the ballot box. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 38 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 38 Tendered ballot papers VerDate:30/06/1997 If a person, representing himself to be a particular elector registered in the relevant final register, applies for a ballot paper after a person has been issued with a ballot paper as such elector, the applicant shall, upon answering the questions specified in section 32(3)(a) and the relevant question in section 32(3)(b) (or where appropriate a question asked pursuant to section 32(3)(b) and section 32(5)), to the satisfaction of the presiding officer, be entitled to mark a ballot paper in the same manner as any other elector, but before that ballot paper (in this Regulation referred to as a "tendered ballot paper") is given to the applicant, it shall be endorsed on the front with the word "TENDERED" and " ". (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 39 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 39 Unused ballot papers VerDate:30/06/1997 (2) The references in this Regulation to an "unused ballot paper" shall be construed as a reference to any ballot paper which has been issued and not put into the ballot box whether or not it has been endorsed as described in subsection (1). (Enacted 1995) (1) The presiding officer shall endorse the word "UNUSED" and " " on any ballot paper that has been issued but not put into the ballot box, unless it is not reasonably practicable to do so. (2) The references in this Regulation to an "unused ballot paper" shall be construed as a reference to any ballot paper which has been issued and not put into the ballot box whether or not it has been endorsed as described in subsection (1). (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 40 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 40 Spoilt ballot papers VerDate:30/06/1997 Where an elector- (a) inadvertently deals with his ballot paper in such a manner that it cannot be properly used as a ballot paper; or (b) makes an error in marking his ballot paper, and gives the ballot paper to the presiding officer and establishes inadvertence or the fact that he has made an error, as the case may be, to the satisfaction of the presiding officer, the presiding office may give him another ballot paper relating to the constituency concerned, in place of the ballot paper so given (in this Regulation referred to as a "spoilt ballot paper") and the presiding officer shall forthwith cancel the spoilt ballot paper by endorsing on the front the word "SPOILT" and " ". (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 41 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 41 Keeping order at the polling station VerDate:30/06/1997 (1) It shall be the duty of the presiding officer to keep order at his polling station. (2) If any person misconducts himself at or in the vicinity of a polling station, or fails to obey a lawful order of the returning officer or the presiding officer, such officer may order that person to leave the polling station or the vicinity thereof immediately and if he fails to so leave, he may be removed by a police officer, or by any other person authorized in writing by the returning officer or the presiding officer to remove him and the person so removed shall not, without the permission of the returning officer or the presiding officer, enter the polling station during that day. (3) The powers conferred by this section shall not be exercised so as to prevent an elector from voting at the polling station he is entitled to vote at. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 42 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 42 Procedure at close of poll VerDate:30/06/1997 (1) As soon as practicable after the close of a poll at a polling station, the presiding officer shall, in the presence of such persons (if any) as are then present within the polling station- (a) seal with a seal provided for the purpose, or such other device as specified by the Chief Electoral Officer, each ballot box in a manner which prevents the introduction into or withdrawal from the box of any ballot paper or other material after sealing; (b) make up into separate sealed packets- (i) ballot papers (if any) which were not issued (in this Regulation referred to as "unissued ballot papers"); (ii) the unused ballot papers; (iii) the spoilt ballot papers; and (iv) the marked copies of the final register, and deliver the ballot box and the sealed packets to the returning officer. (2) Where a polling station is designated for- (a) more than one functional constituency, but not a geographical constituency; (b) a geographical constituency and one or more functional constituencies, the presiding officer shall, for the purposes of subsection (1), make separate sealed packets in respect of the geographical constituency and the functional constituency or constituencies. (3) For the avoidance of doubt it is declared that the ballot papers in a sealed packet prepared under subsection (1)(b) shall not be counted for the purpose of counting the votes and that accordingly the references to ballot papers in relation to the counting of the votes shall be construed as not including those ballot papers. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 43 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 43 Preparation of ballot paper account VerDate:30/06/1997 The packet in respect of each functional constituency prepared under section 42(2) shall be accompanied by a statement (in this Regulation referred to as a "ballot paper account") made by the presiding officer and in the specified form, showing the number of ballot papers given to him under section 21(1)(e) in respect of each constituency for which the polling station concerned is designated and accounting for them under the following headings- (a) the number of ballot papers believed (by him) to be in the ballot box or boxes; (b) the number of unissued ballot papers; (c) the number of unused ballot papers; and (d) the number of spoilt ballot papers. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 44 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 44 Time and place for the count and the notification thereof VerDate:30/06/1997 PART IV COUNTING OF VOTES (1) The returning officer shall give notice in writing to each candidate- (a) of the place or places at which the count as regards the constituency concerned is to take place; and (b) the time at which the count will begin, not less than 24 hours in advance of the time referred to in paragraph (b). (2) The time for the purposes of subsection (1)(b) shall be determined by the returning officer and be a time which is after the close of the poll in all the polling stations in respect of the constituency concerned. (3) Where a poll at a polling station is adjourned under section 62, the conduct of the count in respect of the other polling stations (if any) designated in respect of that constituency or those constituencies and at which the poll has closed, shall stand postponed until such time arrangements for the purposes of section 49 can be made. (4) Where a count stands postponed pursuant to subsection (3)- (a) the Chief Electoral Officer shall determine the time (being a time after the close of the adjourned poll) for the count to begin and the place or places for it to take place in respect of the adjourned poll and the other polling stations (if any) in respect of the constituency or constituencies concerned; and (b) the returning officer shall give notice to each candidate of such time and place or places. (5) A notice required to be given to a candidate under subsection (1) or (4) may be given to the election agent or counting agent of the candidate and any notice so given shall be regarded, for the purposes of the relevant subsection, as a notice given to the candidate. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 45 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 45 Appointment of counting agents VerDate:30/06/1997 (1) Each candidate may appoint a number of persons, being a number specified for the purpose of this subsection by the Commission, and each of whom has attained the age of 18 years for the purpose of attending at and observing the conduct of a count. (2) The candidate shall give notice of any appointment under subsection (1) to the returning officer- (a) at least 3 working days before polling day; or (b) by delivering the relevant notice himself to the returning officer after the commencement of the poll or having it so delivered by his election agent. (3) A notice for the purposes of this section shall be in writing and contain the identity card number, name and address of the counting agent concerned. (4) An appointment of a counting agent shall not be effective until the notice given for the purposes of subsection (2) is received by the returning officer. (5) Where any appointment of a counting agent is revoked, the candidate shall- (a) give notice of the revocation to the returning officer; and (b) give any notice for the purposes of paragraph (a) in the manner specified in subsection (2)(b), if it is given after the commencement of the poll. (6) A notice for the purposes of subsection (5) shall be in writing and any revocation of an appointment of a counting agent shall not be effective until such notice is received by the returning officer. (7) A counting agent in respect of whom notice is given under subsection (2)(a) or (b)- (a) may be present within the relevant counting station or stations during the conduct of the count; and (b) shall, on arrival at any such counting station, report in person to the returning officer and produce his identity card and a declaration of secrecy in the specified form, completed by him. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 46 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 46 Appointment of counting officers VerDate:30/06/1997 (1) The Chief Electoral Officer- (a) may appoint as many counting officers as he considers necessary to assist a returning officer in conducting a count; and (b) shall provide the returning officer with a list of the names of the counting officers appointed to assist him. (2) The Chief Electoral Officer shall display the list referred to in subsection (1)(b) in a prominent position within the counting station or stations, as may be appropriate. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 47 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 47 Persons who may be present at the count VerDate:30/06/1997 (1) Subject to subsection (3) and section 48, except with the consent of the returning officer, no person other than the returning officer for the constituency concerned, counting officers, candidates in respect of the constituency concerned, their respective election agents and counting agents, members of the Commission, Chief Electoral Officer, police officers on duty at the counting station or any person authorized in writing by a member of the Commission may be present at the conduct of a count. (2) The returning officer shall ensure that the arrangements made for the count in respect of a constituency are such that the candidates or any agent of theirs referred to in subsection (1) are afforded an opportunity to observe how individual votes are counted. (3) The returning officer may, if he considers it fit, and having regard to whether it is practicable to do so without disrupting the count and prejudicing the secrecy of the individual votes, permit members of the public to observe the conduct of the count, from an area at the counting station allocated by him for the purpose at such distance from where the counting is taking place as he considers appropriate. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 48 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 48 Keeping order at counting station VerDate:30/06/1997 (1) It shall be the duty of the returning officer to keep order at the counting station. (2) If any person misconducts himself at or in the vicinity of a counting station, or fails to obey a lawful order of the returning officer, such officer may order that person to leave the counting station or the vicinity thereof immediately and if he fails to so leave, he may be removed by a police officer, or by any other person authorized in writing by the returning officer to remove him and the person so removed shall not, without the permission of the returning officer, enter the counting station until the result of the election has been declared in respect of every constituency, the votes in respect of which were counted at that counting station. (3) Without prejudice to subsection (2) any person who fails to comply with a lawful order given by the returning officer or behaves in a disorderly manner within or at a counting station commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 49 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 49 Opening of ballot boxes and counting of ballot papers VerDate:30/06/1997 (1) As soon as practicable after the close of the poll in all the polling stations in respect of a constituency the procedure specified in this section shall be complied with. (2) Where ballot boxes are delivered to a counting station designated for one or more geographical constituencies and one or more functional constituencies, the returning officer for the relevant geographical constituency shall- (a) open each ballot box delivered from the polling stations designated for that geographical constituency; (b) separate the ballot papers relating to the geographical constituency from those relating to the functional constituency or constituencies; (c) give the ballot papers relating to the functional constituency or constituencies to the Assistant Returning Officer (Functional Constituencies) (General). (3) The Assistant Returning Officer (Functional Constituencies) (General) referred to in subsection (2)(c) shall- (a) count and record the number of ballot papers received under that subsection in respect of the functional constituency or each functional constituency; (b) verify, as described in subsection (8), the ballot paper account; (c) after such verification, prepare a verification of the ballot paper account for the functional constituency or for each functional constituency, separately for each polling station from which ballot boxes were delivered to that counting station; (d) make separate bundles of ballot papers received in respect of the functional constituency or each functional constituency from each polling station together with the ballot paper account and the verification of the ballot paper account relating to that bundle; (e) place all the bundles in respect of the functional constituency or each functional constituency in a separate receptacle provided for the purpose and seal each such receptacle with a seal provided for the purpose or such other device as specified by the Chief Electoral Officer; and (f) deliver the receptacles to the returning officer- (i) at the counting station designated for the functional constituency concerned; or (ii) where appropriate at that part of the counting station where the counting of the votes is to be conducted. (4) Where ballot boxes are delivered to a counting station designated for one functional constituency only the returning officer shall- (a) open each ballot box delivered to that station, take out the ballot papers therein, count and record the number so taken from the polling station or each polling station designated in respect of the constituency concerned; (b) verify each ballot paper account as described in subsection (8); (c) if the ballot boxes have been delivered from more than one polling station, mix the ballot papers taken from the ballot boxes in respect of all or 2 or more of the polling stations; and (d) count the votes as provided in section 50. (5) Where the ballot box or boxes, as the case may be, are delivered from the polling station designated for the election committee constituency to the counting station designated for that constituency, the returning officer shall- (a) open the ballot box or ballot boxes, take out the ballot papers (whether or not contained in the device referred to in section 35(1)(b)), and count and record the number of ballot papers; (b) verify the ballot paper account- (i) by comparing it with the number recorded by him under paragraph (a); or (ii) where appropriate, by using a computer and an approved programme within the meaning of Schedule 3; and (c) count the votes as provided in section 50. (6) Where ballot boxes or receptacles are delivered to a counting station designated for 2 or more functional constituencies but not a geographical constituency, the returning officer for each such functional constituency shall- (a) open each- (i) ballot box for that functional constituency delivered from each polling station; or (ii) receptacle delivered under subsection (3)(f); (b) take out the ballot papers in the ballot boxes or receptacles, count and record the number of ballot papers so taken from each polling station; (c) in the case- (i) the ballot boxes are delivered directly from a polling station, verify the ballot paper account as described in subsection (8); and (ii) the receptacles are delivered under subsection (3)(f), verify as described in subsection (8) the verification of the ballot paper account prepared by the Assistant Returning Officer (Functional Constituencies) (General) under subsection (3)(c); (d) after complying with paragraph (c), and after mixing the ballot papers taken from not less than 2 polling stations, count the votes as provided in section 50. (7) Where ballot boxes are delivered to a counting station designated for more than one geographical constituency and more than one functional constituency, subject to subsection (9), the returning officer for each functional constituency shall comply with subsection (6) in respect of the relevant functional constituency. (8) For the purposes of this section a ballot paper account or a verification of a ballot paper account shall be verified as follows- (a) to verify a ballot paper account- (i) for the purposes of subsection (3)(a), the Assistant Returning Officer (Functional Constituencies) (General) referred to in that subsection shall compare the ballot paper account with the number of ballot papers recorded by him under that subsection and prepare a statement in writing; (ii) for the purposes of subsection (4)(b), the returning officer referred to in that subsection shall compare the ballot paper account with the number of ballot papers recorded by him under subsection (4)(a) and prepare a statement in writing; (iii) for the purposes of subsection (6)(c)(i), the returning officer referred to in that subsection shall compare the ballot paper account with the number of ballot papers recorded by him under subsection (6)(b) and prepare a statement in writing; (b) to verify a verification of a ballot paper account for the purposes of subsection (6)(c)(ii), the returning officer referred to in that subsection shall compare the number of ballot papers recorded by him under that subsection with the verification of the ballot paper account prepared by the Assistant Returning Officer (Functional Constituencies) (General) and the ballot paper account and prepare a statement in writing; (c) before a statement in writing is prepared under paragraph (a) or (b), a returning officer or an Assistant Returning Officer (Functional Constituencies) (General), as the case may be, may if he considers it necessary or if so required by a candidate or the election agent or counting agent of a candidate who is present at the count, shall compare the ballot paper account or the verification of the ballot paper account or the re-verification of the ballot paper account, as may be appropriate, with such recorded ballot papers, unused ballot papers, unissued ballot papers and spoilt ballot papers in his possession and make a statement in writing as to the result of such verification. (9) At the conduct of a count at a counting station designated for more than one geographical constituency and more than one functional constituency, if the returning officer referred to in subsection (7) thinks fit, he can dispense with the re-verification of the ballot paper account. (10) Either a candidate or the election agent of a candidate may copy- (a) a statement made under subsection (8); or (b) the ballot paper account. (11) The returning officer shall permit a candidate or the election agent or counting agent of a candidate who makes a request for the purpose, to inspect any paper, other than a ballot paper, taken from the ballot box, before it is disposed of. (12) In this section- "ballot paper account" (選票結算書) means a ballot paper account prepared by a presiding officer under section 43; "receptacle" (容器) means a receptacle referred to in subsection (3)(e); "re-verification of a ballot paper account" (選票結算覆核書) means a statement in writing referred to in subsection (8)(b); "verification of a ballot paper account" (選票結算核實書) means a statement in writing referred to in subsection (8)(a)(i), (ii) or (iii). (Enacted 1995) "ballot paper account" (選票結算書) "receptacle" (容器) "re-verification of a ballot paper account" (選票結算覆核書) "verification of a ballot paper account" (選票結算核實書) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 50 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 50 Counting of votes VerDate:30/06/1997 (1) The votes recorded for each candidate shall be counted as follows- (a) in the case of the Urban Council functional constituency, the Regional Council functional constituency and the Rural functional constituency, the votes shall be counted according to Part III of Schedule 2; (b) in the case of a functional constituency other than a functional constituency referred to in paragraph (a), the returning officer shall- (i) mix the ballot papers taken from at least 2 polling stations; (ii) subject to section 52, cause the ballot papers to be separated with reference to the candidate for whom the vote has been recorded; (iii) count the votes recorded for each candidate; and (c) in the case of the election committee constituency, the counting of the votes shall be in accordance with Part III of Schedule 3. (2) The returning officer shall, as far as practicable, proceed with the counting of votes continuously until the count is completed. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 51 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 51 Re-count VerDate:30/06/1997 (1) The returning officer shall make known to the candidates or their respective election agents or counting agents who are present within the counting station, the result of the counting of the votes when the count is completed under section 50(2). (2) A candidate or the election agent of a candidate, if present when the counting or a re-counting of the votes in respect of the relevant constituency is completed, may request the returning officer to cause the counted or re-counted votes, as the case may be, to be counted again and the returning officer shall comply with any such request unless in his opinion it is unreasonably made. (3) Nothing further shall be done on the completion of a counting or re-counting of the votes until each candidate present at such completion or each election agent of a candidate if so present is given a reasonable opportunity to make the request referred to in subsection (2). (4) The following shall apply as regards any re-count of the votes in the election committee constituency- (a) if the count or counts preceding the re-count- (i) were conducted manually,. such re-count shall be conducted in the same manner; and (ii) were conducted using an approved programme, such re-count shall be conducted in the same manner, unless it is not reasonably practicable to do so; (b) in paragraphy (a) "approved programme" (認可程式) has the meaning assigned to it by Schedule 3. (Enacted 1995) "approved programme" (認可程式) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 52 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 52 Ballot papers which are not to be counted in counting the votes VerDate:30/06/1997 For the purpose of counting the votes, any ballot paper- (a) on which anything is written or marked by which the elector can be identified; (b) with the word "TENDERED" and " " endorsed on the front of it; (c) with the word "SPOILT" and " " endorsed on the front of it; (d) which is an unused ballot paper; (e) which is unmarked; (f) not marked in accordance with section 36(a), (b) or (c), as may be appropriate; (g) which the returning officer determines is void for uncertainty; or (h) which is substantially mutilated, shall not be counted. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 53 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 53 Decisions as to questionable ballot papers VerDate:30/06/1997 (1) The returning officer shall separate from the other ballot papers, and set aside, any ballot paper which appears to him to be a ballot paper which is described in section 52. (2) A candidate in respect of the constituency concerned or an election agent or counting agent of such a candidate, if present at the counting station, shall be entitled to inspect any ballot paper set aside under subsection (1), and to make representations to the returning officer concerning the same. (3) After considering any such representations, the returning officer shall make a decision as to whether that ballot paper is a ballot paper which under section 52 should not be counted or whether it should be counted. (4) The returning officer shall endorse the word "rejected" and " " on any ballot paper which he determines, under subsection (3), to be a ballot paper not to be counted, and add "rejection objected to" and " " to the endorsement if a candidate or an election agent or a counting agent of a candidate for the constituency concerned objects to his decision. (5) If a candidate or an election agent or a counting agent of a candidate for the constituency concerned objects to a decision made by the returning officer under subsection (3) to count a ballot paper, the returning officer shall endorse the words "acceptance objected to" and " " on that ballot paper. (6) The returning officer shall prepare a statement of the ballot papers which he determines under subsection (3) to be ballot papers which are not to be counted, under the following headings- (a) writing or mark by which the elector can be identified; (b) endorsed with the word "TENDERED" and " "; (c) endorsed with the word "SPOILT" and " "; (d) unused; (e) unmarked; (f) not marked in accordance with section 36(a), (b) or (c), as may be appropriate; (g) void for uncertainty; or (h) substantially mutilated. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 54 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 54 Returning officer's decision as regards ballot papers VerDate:30/06/1997 The decision of the returning officer in respect of any ballot paper shall be final and shall not be questioned in any proceeding whatsoever except by an election petition. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 55 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 55 Declaration of result VerDate:30/06/1997 (1) When the counting of votes and re-counts, if any, are completed and a result obtained, the returning officer shall declare to be elected a candidate as provided in section 12A of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381). (2) The returning officer shall prepare a notice of result of the election in respect of- (a) the election committee constituency, in Form 4; (b) any functional constituency, in Form 5. (3) The returning officer shall cause a copy each of the notices under subsection (2) to- (a) be displayed prominently in a place outside the counting station; (b) be sent to the Chairman of the Commission; (c) be sent to the Chief Secretary; (d) be sent to the Chief Electoral Officer; and (e) be published in the Gazette within 10 days beginning on the date the result is declared under subsection (1). (4) The result of an election as declared by the returning officer in a notice under subsection (2) shall be final and not be questioned in any proceeding except by an election petition. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 56 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 56 Sealing of ballot papers in packets VerDate:30/06/1997 PART V DISPOSAL OF DOCUMENTS (1) As soon as practicable after the returning officer has ascertained the result of the poll in an election or a by-election, he shall, at the counting station, make up into separate sealed packets- (a) the counted ballot papers; (b) the unissued ballot papers; (c) the unused ballot papers; (d) the spoilt ballot papers; and (e) the rejected ballot papers. (2) The returning officer shall endorse each such sealed packet with a description of its contents, the date of the election or by-election to which they relate and the name of the constituency concerned. (3) Any candidate in respect of the constituency concerned or an election agent or counting agent of such a candidate may be present when the returning officer makes up the sealed packets and endorses them. (4) The returning officer shall, before he makes up the sealed packets, inform- (a) the candidates who are present at the counting station; and (b) either the election agent or counting agent of any candidate who is not present at the counting station, if either such agent is present. that they may be present when he makes up the sealed packets and endorses them. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 57 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 57 Disposal of ballot papers, etc. VerDate:30/06/1997 As soon as practicable after the preparation of the notice of result of the election under section 55(2), the returning officer shall send to the Chief Electoral Officer- (a) the ballot paper accounts, verifications of the ballot paper accounts and re-verification of the ballot paper accounts; (b) the statement referred to in section 53(6); (c) the sealed packets made up under section 56; (d) the sealed packets made up under section 42(1)(b); (e) a copy of the notice of result of the election; and (f) all- (i) nomination papers and notices of withdrawal of candidature; or (ii) respective notices of appointment of election agents, polling agents and counting agents and copies of authorizations of election expense agents, received by the returning officer and any other document, specified by the Commission and so received. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 58 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 58 Prohibition of inspection of ballot papers VerDate:30/06/1997 No person shall, or be permitted to, inspect any ballot paper in the custody of the Chief Electoral Officer except pursuant to an order made by a court in proceedings relating to an election petition or in criminal proceedings. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 59 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 59 Retention of ballot papers VerDate:30/06/1997 The Chief Electoral Officer shall retain in his custody for a period of not less than 6 months from the date of the relevant election or by-election, the documents relating to an election or by-election sent to him by a returning officer under section 57, and shall thereafter, unless otherwise directed by an order made by a court in proceedings relating to an election petition or criminal proceedings, cause them to be destroyed. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 60 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 60 Postponement of an election and adjournment of poll at all polling stations or count at all counting stations VerDate:30/06/1997 PART VI PROCEDURE FOR POSTPONEMENT OF ELECTION AND ADJOURNMENT OF POLL OR COUNT (1) If, on or before the holding of an election or at any time during polling or the conduct of a count in respect of an election, it appears to the Commission that the election, the polling at all the polling stations or the conduct of a count at all the counting stations is likely to be obstructed, disrupted, undermined or seriously affected by the occurrence of- (a) a typhoon or other climatic condition of a serious nature; (b) an emergency due to natural causes or a catastrophe; or (c) a material irregularity relating to that election, poll or count, which, in the case of an election, has arisen or is likely to arise immediately before or during that election, or in the case of a poll or count, during such poll or count, the Commission may postpone the holding of that election or adjourn the poll or count, as the case may be, by declaring in a notice- (i) published in the Gazette; or (ii) if such publication is not practicable in the circumstances, published by some other means determined by the Commission, that the election is postponed or the poll or the count is adjourned. (2) The Commission shall, in a notice- (a) referred to in subsection (1); or (b) published in the Gazette as soon as practicable after the publication of a notice under subsection (1); or (c) if publication under paragraph (b) is not practicable in the circumstances, published by some other means determined by the Commission, specify the relevant date appointed under section 66 for holding an election in place of the postponed election or holding a poll in place of the adjourned poll or the conduct of a count in respect of the adjourned count, as may be applicable. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 61 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 61 Postponement of election, adjournment of poll or count in respect of a single constituency VerDate:30/06/1997 (1) If, on or before the holding of an election or a by-election, or at any time during a poll or count in respect of an election or a by-election, it appears to the Commission that, in relation to a constituency- (a) the election or by-election; (b) the poll at all the polling stations; or (c) the count at all the counting stations, is likely to be obstructed, disrupted, undermined or seriously affected by the occurrence of- (i) a typhoon or other climatic condition of a serious nature; (ii) an emergency due to natural causes or a catastrophe; (iii) a riot, open violence or such other occurrence of public danger; or (iv) a material irregularity relating to the election, by-election, poll or count, as the case may be, which, in the case of an election or a by-election, has arisen or is likely to arise immediately before or during that election or by-election, or in the case of a poll or count, during such poll or count, the Commission may postpone, in relation to that constituency, the holding of that election or by-election or adjourn the poll or count for that constituency, as the case may be, by declaring in a notice- (A) published in the Gazette; or (B) if such publication is not practicable in the circumstances, published by some other means determined by the Commission, that the election or by-election in respect of that constituency is postponed or that the poll in respect of all the polling stations or the count in respect of all the counting stations for that constituency is adjourned. (2) The Commission shall, in a notice- (a) referred to in subsection (1); or (b) published in the Gazette as soon as practicable after the publication of a notice under subsection (1); or (c) if publication under paragraph (b) is not practicable in the circumstances, published by some other means determined by the Commission, specify the relevant date appointed under section 66 for holding an election or a by-election in place of the postponed election or by-election respectively as regards the relevant constituency, or for holding a poll in place of